Andrew is co-chair of Shook’s Government Investigations and White Collar Practice. He leads teams of attorneys in high stakes trials, investigations, white collar matters, regulatory and securities enforcement disputes, and litigations. Andrew is a former federal prosecutor in the Financial Crimes and Special Prosecutions Section of the Chicago U.S. Attorney’s Office. He now draws upon that experience to represent companies large and small, public and private, victims and targets as well as their boards, audit committees, officers, directors and other individuals in their internal investigations and government enforcement matters, including those involving the DOJ, USAO, FBI, SEC, IRS, and other federal and state agencies. In this regard, Andrew has obtained declinations of criminal charges for companies and individuals, secured reduced charges or civil instead of criminal charges for others, negotiated corporate pre-trial diversion agreements, successfully advocated for substantially reduced business and individual fines and penalties, and prevailed in obtaining several individual sentences of probation notwithstanding government calls for imprisonment. Andrew’s practice extends to crisis management response, strategic counseling and compliance-related work. Among his matters, Andrew previously served as legal counsel to the independent compliance monitor for a series of pharmacy entities, pursuant to a U.S. Department of Labor administrative agreement.
Over the course of his career, Andrew has led a number of high-profile cases of national and international significance, which the Chicago Sun-Times described in a profile of him as “some of the toughest, most sophisticated cases at the Dirksen Federal Courthouse.” As a federal prosecutor, he coordinated efforts with international law enforcement authorities in more than 20 countries and charged and prosecuted crimes involving $500 million in losses, proceeds and judgments. In this regard, Andrew (i) convicted the world’s largest online drug trafficker on the dark website, “Silk Road,” and was a member of the government’s inter-agency, multidistrict Silk Road Task Force; (ii) convicted one of the country’s “Top 10 Most Wanted” mortgage fraud defendants; (iii) convicted Edgewater Medical Center’s owner and operator for crimes relating to more than $188 million in judgments; (iv) successfully prosecuted the most extensive international criminal trade, customs and antidumping fraud cases of their kind, which Bloomberg Businessweek described as “the largest food fraud in U.S. history;” and (v) negotiated two of the Northern District of Illinois’ earliest criminal corporate deferred prosecution agreements. While in the U.S. Attorney’s Office, Andrew also handled hundreds of matters, briefed and argued appeals to the Seventh Circuit Court of Appeals, and tried or prepped for trial dozens of cases.
Andrew is a member of the American Law Institute since 2015 and serves on ALI’s Regional Advisory Group for Region 7 (Illinois, Michigan and Wisconsin). He is a Fellow in the International Academy of Financial Crime Litigators, which has an invite-only membership of 76 worldwide, with just 17 Fellows in the United States.
Scope of Representative Areas of Practice
Andrew has represented clients in matters involving general fraud, embezzlement, trade secret theft, cryptocurrencies, digital and virtual currencies, cyber breaches and extortion incidents, RICO, OFAC, FARA, the Travel Act, tax violations, commercial bribery, kickback schemes, public corruption, inspectors general investigations, state attorneys general investigations, insurance fraud, bank fraud, securities and accounting violations, health care and FDA violations, environmental crimes, criminal antitrust violations, supply chain issues, government contract disputes involving allegations of wrongdoing, whistleblower allegations and the False Claims Act, among others. Andrew also has significant experience handling criminal customs, trade and antidumping duty fraud cases. In addition, since the early 2000s, he has conducted Foreign Corrupt Practices Act (FCPA) investigations in Canada, China, Russia, Europe and the Middle East and advised clients on FCPA corporate compliance matters and programs. Hired twice to serve as a legal expert on the FCPA, Andrew was retained first as an FCPA expert to render a formal legal opinion in a transnational post-acquisition dispute. Later he was hired by one of the world’s largest public companies to serve as a testifying legal expert on the FCPA in criminal proceedings in the Middle East.
Client and Market Feedback
Identified by The Legal 500 as a “key lawyer” in white collar practice, Andrew is described as “exceptional, the real deal—very thorough, meticulous and client-focused.” Ranked repeatedly by Chambers USA in White Collar Crime and Government Investigations in Illinois, Andrew is described as a “phenomenal attorney who is quick to identify the key issues and develop an effective course of action.” It was also noted that Andrew is “incredibly smart and analytical,” and “incredibly knowledgeable, strategic and passionate towards his clients,” “tireless and fearless,” and is “very effective in advocating for his clients.” Other comments included his “encyclopedic knowledge of the law in the white collar area,” and he is also described as a “very diligent, creative and tenacious lawyer . . . he is a thought leader and tactician who thinks quickly and deeply along multiple tracks at the same time. A brilliant lawyer.” Chambers USA further noted that others describe him as “terrific to work with” and a person who “excels at everything he does and has the Midas touch—he is super smart, creative and hardworking.” “He thinks outside of the box and is a problem-solver. He is extremely quick and efficient,” according to additional Chambers USA’s market feedback. Nominated by top legal decision-makers at large organizations with $700 million or more in revenue, twice Andrew has been selected as a BTI Client Service All-Star for delivering “absolutely superior client service.” In BTI’s survey, clients described Andrew as a “standout partner,” who is “very good at communicating and keeping us informed” and “is fantastic at guiding us through a matter.” Andrew’s peers have also selected him for inclusion in The Best Lawyers in America publication.
Leadership Roles and Activities
A deeply active member of the legal community, Andrew has been a lecturer in law at the University of Chicago Law School every year since 2011, where he teaches a course on corporate criminal prosecutions and investigations. Among his leadership and board activities, Andrew is a co-founder and national co-chair of the American Bar Association’s Criminal Justice Section Global Anti-Corruption Committee, a past board member of the International Association of Independent Corporate Monitors, and a member of the Chicago Crime Commission. He was also a voting member of the ABA’s Criminal Justice Section Council, the governing body of the Section with its more than 16,000 members. Before that, he was a special advisor to the Council. In addition, Andrew was the founder and national chair of the ABA Criminal Justice Section’s Task Force on College Due Process Rights and Victim Protections. The Task Force’s bipartisan Report and Recommendations were both unanimously approved by the Task Force’s members and unanimously endorsed by the Criminal Justice Section Council. That work has since become among the key foundational documents that colleges and universities from across the country, including the university system for the state of California, have turned to for guidance for handling allegations of student sexual misconduct. The Department of Education also formally adopted many of the Task Force’s recommendations when it promulgated regulations on the subject.
Writing and Speaking Activities
Andrew has authored nearly 150 articles, thought pieces and book chapters. He has also published two books on white collar law: the first on compliance with the American Bar Association and the second with Oxford University Press on global anti-corruption. Andrew has chaired and organized various legal programs and been a presenter at 85 domestic and international programs. His presentations have covered the FCPA, international corruption, white collar criminal defense, government enforcement, customs and antidumping duty fraud, international and trade fraud, food fraud, supply chain integrity, corporate social responsibility, human trafficking and other related topics. As part of his thought leadership, Andrew coined the term “carbon copy” prosecution, a phrase that describes a global enforcement practice that has since been recognized by the Department of Justice in its “pile on” enforcement policy.
Recognitions
Andrew’s successes have earned him recognition from the government, law enforcement and legal communities. While a federal prosecutor, the Federal Law Enforcement Officers Association selected Andrew as the National Prosecutor of the Year, presenting him with the prestigious National Prosecutorial Award for convicting a “notorious criminal in the face of formidable obstacles.” Also as a federal prosecutor, the American Bar Association awarded Andrew the Criminal Justice Section’s Norm Maleng Minister of Justice Award, given annually to one prosecutor in the United States who best exemplifies the principle that the, “Duty of the prosecutor is to seek justice, not merely to convict.” It is among the highest honors the ABA can confer upon a prosecutor. The FBI, the U.S. Department of Homeland Security and U.S. Customs and Border Protection have also presented Andrew with some of their highest honors. In addition, senior government officials have featured his cases in their testimony before Congress, including hearings before the U.S. Senate and U.S. House of Representatives. After re-entering private practice, Andrew and his prosecutorial work were featured in the debut of Netflix’s Emmy-nominated documentary series on food fraud, Rotten, in the episode, “Lawyers, Guns, and Honey.” Andrew is a frequent legal commentator on national and international television as well as print media.
Representative Matters
Featured Corporate Representations as a White Collar Practitioner
As a white collar practitioner, Andrew has represented many corporate clients, including the following:
Audit committee of public company in multibillion-dollar SEC investigation and internal investigation.
Large multinational corporation in cross-border FCPA investigation out of Canada and China.
Large multinational corporation and several of its subsidiaries in multiple matters being investigated and prosecuted out of USAO and DOJ, including coordination with nearly dozen international law firms.
One of world’s largest telecommunications companies and its subsidiary in litigation and multi-week civil trial involving theft of trade secrets, RICO, and conspiracy, among other claims.
One of world’s largest telecommunications companies and multiple of its subsidiaries in various separate civil lawsuits filed over many years in different districts, involving allegations of trade secrets theft, RICO, patent infringement, conspiracy, and other federal and state causes of action.
Prominent law firm in IRS criminal investigation into Malta Pension Plans.
High technology company and several executives in criminal investigation conducted by USAO, FDA and DEA following raid of its corporate offices. Case resolved with $3 million misdemeanor NPA and no criminal charges against any individuals.
Public company in cross-border internal investigation into potential books and records and internal controls violations.
Corporation and its principals in criminal antitrust prosecution conducted by DOJ Antitrust Division and FBI.
Software company in public corruption investigation being conducted by USAO and FBI.
Government contractor in public corruption investigation being conducted by USAO, FBI and Inspector General.
Government contractor in Department of Defense Inspector General whistleblower investigation.
Public company in internal investigation into senior executive’s eight-figure theft and embezzlement scheme, as well as follow-on federal criminal prosecution of former senior executive.
Chemical manufacturing company charged with environmental crimes involving packing, labeling and transportation of hazardous materials. Case resulted in prosecutors dropping all 10 criminal counts and resolution through modest civil settlement.
American multinational banking and financial services corporation and its senior executive in federal criminal trial involving more than $100 million in victim bank losses.
Multibillion-dollar company in international investigation into allegations of kickbacks, bid rigging and breach of fiduciary duties.
Corporate victims before DOJ and USAOs in criminal theft of trade secrets cases.
Fortune 10 company (and several of its subsidiaries) in criminal and administrative FCPA investigations relating to alleged kickbacks paid to Iraqi government during U.N.-sponsored Oil-for-Food Program. Defense culminated in DOJ declining to bring criminal charges and SEC resolving case on favorable terms.
Fortune 200 company against criminal allegations of price manipulation in natural gas market relating to California energy crisis. Negotiated $50 million DPA with DOJ and USAO for Northern District of California.
Major insurer in $90 million arbitration of cross-border loans and political risk insurance. Case resolved with favorable settlement for client.
Featured Individual Representations as a White Collar Practitioner
As a white collar practitioner, Andrew has represented many senior executives and other individuals, including the following:
Multiple principals of corporation as well as corporation in criminal antitrust prosecution conducted by DOJ Antitrust Division and FBI; obtained declinations for two principals, sentences of probation for other three executives, and corporate criminal fine that represented 86% discount off low-end of advisory sentencing guidelines range.
CEO in global criminal antitrust investigation, including through DOJ Antitrust Division’s Leniency Program; obtained amnesty for CEO.
CEO and founder, as well as information technology company, in criminal tax investigation being conducted by USAO for Southern District of New York and IRS; case involved multiple search warrants executed on personal and business properties, yet no charges ever filed.
Former controller of publicly traded company in SEC and Special Litigation Committee investigations relating to revenue recognition issues and earnings restatement; case resolved favorably on non-scienter basis, with no admission of liability, and $20,000 fine.
Lead cooperator in federal criminal prosecution related to COVID-19 test fraud, resulting in guilty verdict against biotech company’s president on all counts, largely due to client’s key trial testimony.
CFO of public life sciences company in audit committee investigation as well as securities class action and multiple shareholder derivative lawsuits.
Chief technology officer of publicly traded company in DOJ, FBI and EPA criminal and administrative investigations.
Plant manager of publicly traded company in DOJ and EPA criminal and administrative investigations.
Featured Matters as a Federal Prosecutor
As a federal prosecutor, Andrew handled hundreds of matters, including the following:
Convicted owner and operator of defunct Chicago hospital, Edgewater Medical Center, in one of district’s first-ever Sarbanes-Oxley conspiracy cases, with complex offshore trusts and monetary judgments totaling more than $188 million.
Convicted world’s largest online drug trafficker on Silk Road, described then by government in court filings as “the most sophisticated and extensive criminal marketplace of its kind on the Internet,” as member of Silk Road Task Force.
Investigated and prosecuted largest criminal customs fraud, food fraud, and international trade fraud cases in U.S. history, first at nearly $80 million, and second series in at nearly $180 million, for total of approximately $260 million.
Convicted one of nation’s “Top 10 Most Wanted” mortgage fraud defendants as part of long-term undercover fraud investigation.
Designated as government’s nationwide point of contact for Top International Criminal Organization Target (TICOT) and led government’s money-laundering investigation into one of largest global digital currency exchangers and its top executive.
Presentations
Andrew has chaired and organized various legal programs and been a presenter at 85 domestic and international programs, including the following:.
Speaker, What’s New in Restitution and Repatriation, Legal Issues in Museum Administration Conference, Washington, D.C., March 2022.
Panelist, The New U.S. Administration and What It Will Mean for Investigations Specialists, GIR Live Interactive: Regional Spotlight - North America, December 2020.
Presenter, Corporate Criminal Liability Brown Bag, ABA CJS Practice-Ready Clinic, December 2020.
Guest Lecturer, Corporate America Must Stand Up Against Modern-Day Slavery, Corporate Lab, University of Chicago Law School, October 2020.
Guest Lecturer, Internal Investigations, Corporate Lab, University of Chicago Law School, October 2020.
Presenter, How Corporate America Can Help Defeat Modern-Day Slavery, Room 800, Chicago Club, September 2020.
Moderator, Compliance Drill: Re-Thinking Contingency Planning and Compliance Amid More Overlapping, Unpredictable Exposure—ABC, Fraud, AML, Trade, Sanctions and Geopolitics, ACI’s 36th International Conference on the Foreign Corrupt Practices Act, Washington, D.C., December 2019.
Guest Lecturer, Internal Investigations, Corporate Lab, University of Chicago Law School, November 2019.
Moderator and Panelist, The Risks of Importing “Tainted” Merchandise: Weathering the Growing Nexus Between Trade Violations and Anti-Corruption Risks for Companies and Individuals, ACI Forum on Anti-Corruption Compliance in High Risk Markets, Washington, D.C., July 2019.
Presenter, Criminal Trade Secret Theft: What You Need to Know, Webinar, November 14, 2018.
Guest Lecturer, Changing Landscape of Internal Investigations, Corporate Lab, University of Chicago Law School, October 2018.
Featured Speaker, Abuse Lawsuits & Liabilities: New Factors to Consider, Permanent Capital 4th Annual Investment Committee Symposium, New York, NY, October 2018.
Guest Lecturer, Overview of Selected Trial Issues, Child Exploitation and Human Trafficking, University of Chicago Law School, Winter 2018.
Facilitator and Co-Presenter, Life, Law and Leisure: Navigating Lawyer Wellness, Corporate Lab, University of Chicago Law School, February 2018.
Keynote Speaker, Honeygate: Trade & Customs Fraud Enforcement and White Collar Crime, United States Department of Commerce 5th Annual ITA Day, Washington, D.C., January 2018.
Guest Lecturer, Internal Investigations, Corporate Lab, University of Chicago Law School, January 2018.
Presenter, Conducting Effective Internal Investigations: Practical and Strategic Considerations, Webinar, Illinois Council of School Attorneys, September 2017.
Panelist, Trade and Customs Fraud Enforcement: A “High Priority,” First 100 & Beyond Strategy & Planning Summit for Businesses, Chicago, May 2017.
Moderator, President Trump and the FCPA: How to Navigate the FCPA in the New Administration, Nationwide Roundtable Series, ABA Criminal Justice Section, Chicago, February 2017.
Moderator, College Sexual Assault: Protecting the Rights and Interests of the Victim and the Accused, ABA Ninth Annual Fall Institute, Washington, D.C., November 2016.
Presenter, Protecting Your Most Valuable Assets – Trade Secrets, IP, and Your Employees, Trade Secrets Breakfast Briefing, Chicago, November 2016.
Facilitator & Introductory Remarks, Tipper X and Insider Trading, Corporate Lab, University of Chicago Law School, October 2016.
Panelist, Intersection of Trade Secrets Violations and the Criminal Law, Webinar, October 2016.
Presenter, The Role of Corruption in Human Trafficking & the Foreign Corrupt Practices Act, Human Trafficking Seminar, Loyola University School of Law, Chicago, October 2016.
Moderator, Sexual Assault on College Campuses: Balancing the Rights and Interests of the Accused and the Victim, ABA Presidential Showcase Program, San Francisco, August 2016.
Panelist, The Modus Operandi of Corruption: Detecting Bribery Schemes, High Risk Structures, Hidden Parties and Other Questionable Transactions, ACI 7th Global Forum on Anti-Corruption Compliance in High Risk Markets, Washington, D.C., July 2016.
Panelist, Food Fraud Prevention Overview and Strategies, 2016 Food Safety Summit, Rosemont, Illinois, May 2016.
Moderator and Panelist, The Prosecutors of Silk Road and Its Off-Shoot: Lessons Learned and Thoughts for the Future, University of Chicago Law School Conference on Data Privacy and Cybersecurity, Chicago, April 2016.
Moderator, All-Participant Roundtable, University of Chicago Law School Conference on Data Privacy and Cybersecurity, Chicago, April 2016.
Guest Lecturer, Transnational Investigations and Enforcement Efforts, Child Exploitation and Human Trafficking, University of Chicago Law School, Winter 2016.
Featured Speaker, Catch Me if You Can: International Trade Fraud on the Rise, University of Virginia School of Law Student Legal Forum, Charlottesville, Virginia, February 2016.
Moderator, Human Rights in Business: A Movement Toward Corporate Consciousness, Northwestern Conference on Human Rights, Chicago, January 2016.
Publications
Andrew has authored nearly 150 articles, thought pieces and book chapters. He has also published two books: The ABA Compliance Officer’s Deskbook and From ‘Baksheesh’ to Bribery: Examining the Global Fight Against Corruption and Graft. Among his extensive writings are the following:
The 2022 Monaco Memorandum: Changes to DOJ Corporate Enforcement Policy, CPI Antitrust Chronicle, February 2023.
“More Cooperation Please”: DOJ Revises Enforcement Policy to Encourage Even Greater Cooperation, The Corporate Governance Advisor, Volume 31, No. 2, March/April 2023.
U.S. Supreme Court to Decide When Attorney-Client Communications That Contain “Hybrid” Legal and Business Advice Are Protected by the Attorney-Client Privilege, Pratt’s Privacy & Cybersecurity Law Report, Volume 9, No. 2, February/March 2023.
U.S. Justice Department Announces Substantial Revisions to Corporate Enforcement Policy, The Journal of Federal Agency Action, Volume 1, No. 1, January-February 2023.
Compensation Clawback Crackdowns – An Emerging Enforcement Focus, FCPA Professor, November 7, 2022.
Betraying the Bench: Could the SCOTUS Leaker Face Criminal Charges? The ABA Criminal Justice Section Newsletter, Volume 31, No. 1: Fall 2022.
Practice Tip: Beware Individual Criminal Liability for CEOs and CCOs as DOJ Begins Requiring Compliance Certifications, The ABA CJS White Collar Crime Committee Newsletter, Summer-Fall 2022.
From ‘Baksheesh’ to Bribery: Examining the Global Fight Against Corruption and Graft, Oxford University Press, 2019 (with T Markus Funk).
The ABA Compliance Officer’s Deskbook, American Bar Association, 2017 (with T Markus Funk and James T O’Reilly).
Multimedia
Co-Presenter, NPAs and DPAs: 10 Years Since Massey, “Briefly” Podcast, The University of Chicago Law Review, December 2020.
Media Coverage
As Dechert Withdraws From Chicago, Shook Hardy Scoops Up White-Collar Leader, ALM, September 4, 2024.
Featured, “Lawyers, Guns and Honey,” Episode One of Documentary Series, Rotten, Netflix, January 2018.